ELDEN USA LLC
WEBSITE TERMS AND CONDITIONS OF USE
(Effective June 7, 2017)
This website is operated by Elden USA LLC, doing business as Elden Selections. Throughout the site,
the terms “we,” “us” and “our” refer to Elden USA LLC, doing business as Elden Selections (collectively, hereinafter “Elden”). Elden offers this website, including, without limitation, all information, tools and services available from this site, all data, content, software, function, and materials set forth herein and available herein (collectively, the “Website”) to you, the user, conditioned upon your acceptance of all
the terms, conditions, policies, notices and disclaimers stated herein (collectively, the “Terms and Conditions of Use”). Your use of this Website constitutes your agreement to these Terms and Conditions of Use.
Our Commitment to Privacy.
Elden is firmly committed to ensuring online user privacy. We provide this notice to explain our online information-gathering practices and the choices you can make about the way information about you is collected and used. Since your privacy is important to us, Elden takes reasonable precautions to prevent unauthorized access, maintain data accuracy, and ensure the correct use of information. While no security system is absolutely safe, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online and to protect your personally identifiable information from loss, misuse, alteration and destruction.
Elden does, at times, contract with third party service providers to perform certain business functions on our behalf (“Third Party Providers”), including, without limitation, providing online product ordering services, providing emailing and promotional services, providing bill printing and mailing services, processing credit card and other bill payments, providing customer service, providing shipping services for products ordered, managing product orders, surveying and analyzing website activity data, providing marketing assistance, providing search results and links, conducting research, and promoting programs. Such Third Party Providers have access to personal information needed to perform their specific business functions, but may not use it for other purposes.
In some areas of our Website, we require a user ID and password for you to access certain information. Elden will not disclose passwords to third parties, other than such Third Party Providers who need passwords to perform their specific business functions. You are responsible for maintaining the privacy and security of your password, user name, e-mail address and related information.
The Information We Collect
This notice applies to all information collected or submitted on this Website by Elden and its Third Party Providers. Elden does not collect personally identifiable information about you unless you voluntarily provide it. At any time, before you submit, you may opt-out of providing such information by closing this Website.
Examples of personally identifiable information which you may provide to us while using our Website include, without limitation:
- E-mail address
- Telephone number
- Account number (if you are a current customer)
- Information about your computer and browser
- Zip code
- Credit Card Information
- Shipping and billing addresses
- E-billing and other on-line services information that is linked to you via your password, if you use those services.
The Way We Use Information
Aggregate Information (non-personally identifiable). In general, when you visit this Website to read or download information, we collect and store only the following generic information about your visit:
- The IP address (which is a number that is used by computers on the network to identify your computer so that data, such as the web pages you request, can be sent to you) and/or the name of the domain from which you access the Internet (for example, aol.com if you are connecting from an America Online account)
- The date and time of access to our Website
the path taken through our Website
The Internet address of the Website which linked directly to our site
This data does not include any personally identifiable information or details.
We use non-identifying and aggregate information about site visitors to measure the number of visitors to the different sections of our site, to help us make our site more useful to visitors, and to assess login performance of the Website.
Personally Identifiable Information.
We use the personally identifiable information you provide us to:
- Fulfill your request for various goods
- Help you quickly find and/or receive information about Elden and its products
- Alert you to updated information, products and services
- Provide tailored promotions and offers
- Provide more complete service to you
- Improve the content and performance of our Website
- Answer your question
The Way We Share and Disclose Information
Aggregate Information (non-personally identifiable). We share aggregated demographic information about our user base with some third party service providers. This information does not identify individual users. We do not link aggregate user data with personally identifiable information.
Personally Identifiable Information. We share your personally identifiable information with specific employees of Elden who are only permitted to use personally identifiable information within the scope of their employment in connection with the provision of services to you and the fulfillment of your product orders. We do not share your personally identifiable information with third party companies or organizations other than our Third Party Providers who are only permitted to use personally identifiable information for the particular business purposes specified by Elden.
We never sell your personally identifiable information.
We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process.
Finally, we never use or share the personally identifiable information provided to us online in ways unrelated to the ones described above without also providing you with an opportunity to opt-out or otherwise prohibit such unrelated uses.
The Way We Store Information
A cookie is a piece of data stored on your hard drive or in your computer’s memory containing information about your visit. We use session cookies to make it easier for you to navigate our site by allowing you to visit pages within our site without having to input personal information every time you click a link within the site. A session cookie expires when you close your browser.
If you reject cookies, you may still use our site, but your ability to use some areas of our site may be limited.
We collect certain information automatically and store it in log files. This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data. We use this information to administer the Website, to analyze trends, to track users’ movements around the site and to gather demographic information about our entire user base. We sometimes link this automatically-collected data to personally identifiable information in order to troubleshoot problems and to provide customer support assistance to users of our Website.
For privacy and security reasons, minimal customer-specific information is stored solely for the purpose of user authentication. All information gathered when responding to customer’s requests for samples, catalogs or more information is stored in a secure database.
This Website contains information about estate-bottled Burgundy wines. We do not intend to gather personal information online from or about children. We encourage all children and teens to seek consent from their parents before providing any information about themselves, their families, or their homes to anyone on the Internet.
We make no representation to the legal rights of anyone to ship or import wines into any state outside California. All alcoholic beverages are sold in California and title passes to the buyer in this state. The buyer is solely responsible for shipment of alcoholic beverages. By placing an order, you authorize us to act on your behalf to engage a common carrier to deliver your order to you. Alcoholic beverages may be sold and delivered only to persons who are at least 21 years old. In placing your order, you represent to us that you are at least 21 years of age and the person to whom delivery will be made is at least 21 years old. When your alcoholic beverages are delivered, the person receiving the delivery will be required to show identification proving that he or she is at least 21 years old. We reserve the right to correct all pricing errors.
There may be times when this Website contains links to other websites which are operated by third parties. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We have not necessarily reviewed all the information on those other sites and are not responsible for the content of those or any other sites or any products or services that may be offered through those or any other sites. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. Different terms and conditions may apply to your use of any linked sites. Elden is not responsible for any losses, damages or other liabilities incurred as a result of your use of any linked sites.
USE OF MATERIALS ON THIS WEBSITE
This Website and the contents of the Website are intended for your personal, noncommercial use. This Website contains copyrighted material, including, without limitation, page headers, text, software, photographs, drawings, specifications, audio clips, video clips, graphics, illustrations, images, logos, product listings, descriptions, prices, music and sound (collectively, the “Website Content”). In addition, the Website Content is subject to trademark, service mark, trade dress and/or other intellectual property rights and licenses held by Elden.
This Website is protected by copyright as a collective work, pursuant to U.S. copyright laws, international conventions, and other copyright laws. Except as otherwise provided herein, you may not modify, publish, adapt, transmit, participate in the transfer or sale of, exhibit, distribute, display, reverse engineer, decompile, dissemble, perform, reproduce, copy, modify, distribute, republish, create derivative works from, download or in any way exploit or use any of the Website Content, in whole or in part. In addition, except as otherwise provided herein, you may not download or copy any of the product listings, descriptions, prices or other product information, nor may you frame or utilize framing techniques to enclose any trademark, logo, design, graphic, image, photograph or other Website Content from the Website or use any meta tags or any other hidden text utilizing our names or trademarks. Except as otherwise provided herein, all of the aforementioned activities are strictly prohibited without our express written consent.
Permission is granted to download, print and store selected portions of the Website Content, provided you (1) only use these copies of the Website Content for your own personal, non-commercial use, (2) do not copy or post the Website Content on any network computer or broadcast or otherwise publish the Website Content in print, electronic or any other media, and (3) do not modify or alter the Website Content in any way, or delete or change any copyright or trademark notice. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. Elden reserves complete title and full intellectual property rights in all Website Content. Any other use of materials on this Website, including reproduction for purposes other than those noted above, modification, distribution, or republication, without prior written permission of Elden is strictly prohibited.
You shall be solely responsible and liable for any and all damages resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from your use of the Website Content, and Elden reserves all of its rights and remedies at law and in equity.
Furthermore, you may not use any hardware or software intended to damage or interfere with the proper working of the Website or to surreptitiously intercept any system, data or personal information from the Website. You agree not to interrupt or attempt to interrupt the operation of the Website in any way. Elden reserves the right, in its sole discretion, to limit or terminate your access to or use of the Website at any time without notice. Termination of your access or use will not waive or affect any other right or relief to which Elden may be entitled at law or in equity.
When you send us an e-mail to inquire about our products and services, we collect your name and e-mail address and use this to reply to your inquiry. We do not retain your name and email address to be used for any other reasons, but to provide assistance to you, including, without limitation, providing you with promotional information and communicating with you regarding sales and shipment of our products.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE WEBSITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK AND THAT THE WEBSITE IS MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ELDEN SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE WEBSITE, OR ANY OTHER WEBSITE YOU ACCESS THROUGH A LINK FROM THIS WEBSITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR THE DELAY OR INABILITY TO USE THE WEBSITE, ELDEN’S REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON ITS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ELDEN SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE WEBSITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH ELDEN IS TO DISCONTINUE YOUR USE OF THE WEBSITE. YOU AND ELDEN AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
YOU ACKNOWLEDGE AND AGREE THAT CERTAIN PORTIONS OF THIS WEBSITE ARE PROVIDED TO YOU BY ELDEN BUT ARE MADE AVAILABLE TO YOU ON SERVERS AND VIA WEB PAGES HOSTED AND MAINTAINED BY THIRD PARTIES. YOU ACKNOWLEDGE AND AGREE THAT THE PROVISION OF THOSE PORTIONS OF THIS WEBSITE TO YOU BY SUCH THIRD PARTIES ARE SOLELY THE RESPONSIBILITY OF SUCH THIRD PARTIES.
YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE WEBSITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. WE ALSO RESERVE THE RIGHT TO TEMPORARILY SUSPEND OR PERMANENTLY TERMINATE ANY SERVICE, TOOL OR FEATURE CONTAINED ON THIS WEBSITE AT ANY TIME. WITH RESPECT TO YOUR USE OF THIS WEBSITE, ELDEN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF TITLE, AND ANY WARRANTIES THAT MATERIALS ON THE WEBSITE ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE WEBSITE WILL BE SECURE; OR THAT THE WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE WILL BE VIRUS-FREE. IF YOU DOWNLOAD ANY MATERIALS FROM THIS WEBSITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ELDEN OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY OF ANY KIND.
IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.
You agree to indemnify, defend and hold harmless Elden and its officers, managers, members, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from your use of the Website and any violation of these Terms and Conditions of Use. If you cause a technical disruption of the Website or the systems transmitting the Website to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption. Elden reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Elden in the defense of such matter.
JURISDICTION AND APPLICABLE LAW
The laws of Florida govern these Terms and Conditions of Use and your use of the Website, and you irrevocably consent to the jurisdiction of the courts located in the County of Marion for any action arising out of or relating to these Terms and Conditions of Use. We recognize that it is possible for you to obtain access to this Website from any jurisdiction in the world, but we have no practical ability to prevent such access. If any material on this Website, or your use of the Website, is contrary to the laws of the place where you are when you access it, the Website is not intended for you, and we ask you not to use the Website. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.
CHANGES TO THESE TERMS AND CONDITIONS OF USE
Elden reserves, in its sole discretion, the right to change, modify, add or remove any portion of these Terms and Conditions of Use, in whole or in part, at any time, by posting revised terms on the Website. It is your responsibility to check periodically for any changes we make to the Terms and Conditions of Use. Your continued use of the Website after any changes to the Terms and Conditions of Use or other policies means you accept the changes.
In the event we make material changes to the Terms and Conditions of Use, notice of the changes will be posted on the homepage of this Website and you will be advised of those changes when you log into the Website. At such time, you will have the opportunity to accept such revised Terms and Conditions before proceeding to other areas of the Website, or you may opt-out by closing the Website.
ENTIRE AGREEMENT AND ADMISSIBILITY
These Terms and Conditions of Use constitute the entire agreement and understanding between you and Elden with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. A printed version of these Terms and Conditions of Use shall be admissible in judicial or administrative proceedings based on or relating to use of the Website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If any provision of these Terms and Conditions of Use is unlawful, void or unenforceable, the remaining provisions thereof will remain in place.
Thank you for visiting our Website.